Articles Tagged with Trial

According to just about every television show or Hollywood movie ever made about a legal case of any kind (including personal injury cases), once a jury returns a verdict in favor of one party or another, the case is over.  Many a famed courtroom drama has ended just after the jury delivers its verdict, with the final scene often depicting a cathartic and celebratory scene on the courthouse steps between the victorious lawyer and his or her clients.  However, in this regard (as in many others), cinematic depictions of legal cases of all sorts are, to phrase it generously, inaccurate.  In a real personal injury or medical malpractice lawsuit, a jury verdict in favor of an injured plaintiff is very often not the end of the case.  This is because, under the court systems of every state across the United States, including the Federal Courts of the United States, the losing party at trial has the right to “appeal” various aspects of a jury verdict against them to a higher court and request that the jury verdict be overturned.  The post-verdict appeal process is extremely complicated, and to address all of the salient aspects of this process would require authorship of a textbook, rather than a blog post.  In this article, we explore some very basic concepts pertaining to the post-verdict appeals process as applied to personal injury and medical malpractice cases in the state court system in New York.  The reader is encouraged to take the following lesson from this article:  The jury verdict is not the end of the story, as the appeals process is expensive and fraught with risk; thus, if possible, it is usually advisable to attempt to obtain a final settlement of a New York personal injury or medical malpractice lawsuit (settlements cannot be appealed in almost every circumstance), rather than proceed through a jury verdict and an appeal.

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